Problems And Solutions In The Enforcement Of Criminal Compulsory Medical Treatment

The 2012 revision of the "criminal procedural law" special procedure chapter set up a technical secondary school,will be "criminal responsibility is not in accordance with the law will be the spirit of the patient's mandatory medical procedures",as one of the criminal procedure law article 5 special procedure,is a great progress in the criminal procedure law in China,made up for in China's criminal procedure law on the criminal compulsory medical procedures stipulated in the blank.The supreme people's procuratorate,the supreme people's court and the ministry of public security order according to their own functions,introduced the corresponding judicial interpretation,has made the detailed regulations for compulsory medical treatment system,to guide the practice.But as a new system,the corresponding measures and mechanism is not perfect,therefore,the criminal compulsory medical system for many years,this should be clear in the legal issues still didn't get the norms or judicial interpretation,as well as the practical difficulties at run time,make our country criminal responsibility in accordance with the legislative purpose of compulsory medical procedures of psychiatric patients not fully enforced.In this thesis,combining with the criminal in the implementation of the compulsory medical problems,through the following three parts to carry out the problems existing in the criminal compulsory medical treatment to analyze its reasons,put forward solutions,to ensure the fair and efficient execution of a criminal compulsory medical and security and human rights protection value.The first part is the development process and the problems in the implementation of the criminal compulsory medical procedure.The thesis introduced the development of criminal compulsory medical procedures and legislation present situation,elaborated our country the actual problems existing in the criminal compulsory medical execution,main show is criminal compulsory medical practice are less executive,criminal compulsory medical institutions and medical personnel scarce,criminal compulsory medical treatment process is not standard,criminal compulsory medical uncertain execution time limit.The second part is the analysis of the problems existing in the enforcement of criminal compulsory medical procedures in China.First of all,the lack of rules of law,system,main is mandatory medical executive main body and its responsibilities are not clear,mandatory medical executive scope too narrow,compulsory medical treatment is not clear,compulsory medical institutions stipulated by the deadline without necessary working conditions.Secondly,the enforcement of criminal compulsory medical treatment is weak,mainly because of the lack of compulsory medical resources,inadequate guarantee of criminal compulsory medical implementation,and unclear of compulsory medical institutions.Thirdly,the rights relief mechanism is not perfect,mainly because the relief rights of the compulsory medical people are not guaranteed and the procuratorial supervision has not been implemented.The third part puts forward solutions to the problems existing in the compulsory medical implementation.Aiming at the problems existing in the criminal compulsory medical procedures,laws,rules and regulations of the sound,the clear and strengthening of the health care of criminal compulsory measures,the improvement of the right remedy mechanism aspects of practical solutions.